2017(4) Kar. L.J. 137
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
H. ANANDA MURTHY
VERSES
SHREEKANTACHAR
đź“ŚKARNATAKA STAMP ACT, 1957, Sections 17 and 34 Registration Act, 1908, Section 49 Karnataka Small Cause Courts Act, 1964, Section 18 Code of Civil Procedure, 1908, Order VIII, Rule 1-A read with Section 151 Trial Court permitting production of a document (unregistered mortgage deed) – Whether on account of such permission, there is any miscarriage of justice? Held In the negative – Mere production of a document, along with pleading or an application will not amount to proof of same Its execution has to be proved by admissible evidence When tendered in evidence by either party and objection is raised against the same On ground of insufficiency of stamp value under Section 34 of the Stamp Act Or for want of registration under Section 49 of the Registration Act – It is obligatory for Court to apply mind judiciously and decide objections Here, the Trial Court allowing production of of d document with specific observation “that the question of payment of duty and penalty will be considered” Will not lead to miscarriage of justice Impugned order proper.